Primary Producers' Organisation and Marketing Act Amendment Act 1979 (Qld)

84 QlTunsfaubc ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 6 of 1979 An Act to. amend the Primary Producers ' Organisation and Marketing Act 1926- 1976 in certain particulars [ASSENTED TO 20TH APRIL, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Primary Producers' Organisation and Marketing Act Amendment Act 1979. (2) The Primary Producers' Organisation and Marketing Act 1926-1976 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Primary Producers'Organisationand Marketing Act1926-1979.

Primary Producers'Organisationand Marketing Act Amdt Act 1979, No.6 85 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by in subsection (2), in subparagraph (iii), omitting the words " Board constituted under " The Milk Supply Act of 1938 " for the Brisbane Milk District " and substituting the words " Queensland Milk Board ". 3. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) omitting the words " A Board may, for the purposes of this Act, from time to time exercise all or. any of the following powers:-" and substituting the words "A Board has, and is hereby deemed to have always had the following powers and for the purposes of this Act may exercise all or any of them:-"; (b) inserting after subparagraph (iii) the following subparagraph:- " (iiiA) To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments, and to guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or take or otherwise acquire and hold shares in an association registered under the PrimaryProducers'Co-operativeAssociations Act1923-1978;". 4. New s. 13A. The Principal Act is amended by inserting after section 13 the following section:- " 13A. Fraud by officers etc., of Board. If an officer of a Board or any other person on its behalf signs, issues or authorizes to. be signed or issued on behalf of the Board any bill of exchange, promissory note, cheque or other negotiable instrument or any endorsement, order, receipt or letter of credit wherein- the name of the Board is not mentioned, he shall be guilty of an offence against this Act and where he has so signed, issued or authorized he shall in addition be liable to the holder of the instrument or order for the amount due thereon unless it is paid by the Board.". 5. Amendment of s. 18. Section 18 of the Principal Act is amended by, in subsection (5) omitting the word " two " and substituting the word " five ". 6. Amendment of s. 27. Section 27 of the Principal Act is amended by omitting the last paragraph. 7. Amendment of s. 27A. Section 27A of the Principal Act is amended by, in subsection (2), omitting the words " State Wheat Board and Queensland Commercial Fishermen's State Council constituted under this Act " and substituting the words " and the State Wheat Board ". 8. Amendment of s. 27B. Section 27B of the Principal Act is amended by, in subparagraph (a) of subsection (3) inserting after the words " State Wheat Board " the words " and any other . body (corporate or unincorporate) constituted by or under this Act ". 9. Amendment of s. 28. Section 28 of the Principal Act is amended by omitting subsection (4).

86 Primary Producers' Organisation and Marketing Act Amdt Act 1979, No.6 10. Amendment of s. 30. Section 30 of the Principal Act is amended by- (a) in subsection ( 5), omitting the first and second paragraphs and substituting the following paragraphs:- " District cane growers ' executives shall be elected by suppliers of sugar cane and executives elected after the date of commencment of the Primary Producers' Organisation and Marketing Act Amendment Act 1979 shall be constituted as follows:- (a) the Ayr District Cane Growers' Executive-one representative each of suppliers to the Inkerman, Invicta, Kalamia and Pioneer sugar mills respectively; (b) the Bundaberg District Cane Growers' Executive-two representatives each of suppliers to the Bingera, Fairymead, Millaquin and Qunaba sugar mills respectively ; (c) the Cairns District Cane Growers' Executive-two representatives each of suppliers to the Babinda Central, Hambledon, Mossman Central and Mulgrave Central sugar mills respectively; (d) the Herbert River District Cane Growers' Executive- two representatives each of suppliers to the Macknade and Victoria sugar mills respectively; (e) the Innisfail District Cane Growers' Executive-two representatives each of suppliers to the Goondi, Mourilyan, South Johnstone Central and Tully River Central sugar mills respectively; (f) the Mackay District Cane Growers' Executive-one representative each of suppliers to the Cattle Creek Central, Farleigh, Marian Central , North Eton Central, Plane Creek Central, Pleystowe , Proserpine Central and Racecourse Central sugar mills respectively; (g) the Maryborough- Isis District Cane Growers' Executive -three representatives each of suppliers to the Isis Central and Maryborough sugar mills respectively; (h) the Southern District Cane Growers' Executive- three representatives each of suppliers to the Moreton Central and Rocky Point sugar mills respectively. The representatives specified in the preceding paragraph shall be elected only by growers who are suppliers to the mill to which the representatives are suppliers and elections for the purpose of this paragraph shall be conducted at the same time as the elections of the mill suppliers' committees."; (b) in subsection ( 6), inserting after the word " candidate " the words " or a grower ' s appointee appointed by such grower "; (c) in subsection (7), omitting the second paragraph and substituting the following paragraph:- " The Governor in Council may by Order in Council authorize any such executive to appoint so many of its members as are specified in the Order to so represent it, provided that any such executive shall not appoint more than one member ( whether ex officio or otherwise ) of any one mill suppliers ' committee to so represent it.";

Primary Producers ' Organisation and Marketing Act Amdt Act 1979, No.6 87 (d) in subsection (8), (i) in subparagraph (c), inserting after the words " define the " the words " powers and "; (ii) inserting at the end of subparagraph (d), the following symbol and provisoes :- " : Provided that any district cane growers' executive may, subject to the provisions of this subparagraph (d), make a general levy on any section of growers supplying cane to a mill within the district with respect to which such executive- is constituted for administrative purposes: Provided always that the sums raised by such levy shall be expended only in the interests of the section paying such levy"' ; (iii) in subparagraph (e), (A) inserting after the words " as the case may be: " occurring at the end of the first priviso the following provisoes:- Provided that any district cane growers' executive may make a particular levy on any section of growers supplying cane to a mill within the district of such executive for any purpose affecting such section of growers: Provided always that the sums raised by such levy shall be expended only in the interests of the section paying such levy:"; (B) in the proviso commencing with the words " Provided further that before any particular levy is made " omitting provisions (b) and (c) and substituting the following provisions:- (b) by a district cane growers' executive at the request in writing of not less than 20 per centum (or such less per centum as is approved) of- (i) all growers supplying cane to mills within the district concerned, in the case of the making of a particular levy on all growers of cane within the district; or (ii) the section of growers concerned supplying cane to a mill in the district concerned, in the case of the making of a particular levy on that section, a poll shall be held as prescribed of all growers referred to in provision (i) or, as the case may be, the section of growers referred to in provision (ii); (c) by a mill suppliers' committee, at the request in writing of not less than 20 per centum (or such less per centum as is approved) of- (i) all suppliers of cane to the mill concerned, in the case of the making of a particular levy on all such suppliers; or (ii) the section of growers concerned supplying cane to the mill concerned, in the case of the making of a particular levy on that section, a poll shall be held as prescribed of all suppliers referred to in provision (i) or, as the case may be, the section of growers referred to in provision ( ii),". 11. New s. 30A. The Principal Act is amended by inserting after section 30 the following section:- " 30A. Interpretation . For the purposes of section 30 and regulations made pursuant to that section- " corporation " has the meaning ascribed to that term in the Companies Act 1961-1978;

88 PrimaryProducers'Organisationand Marketing Act Amdt Act 1979, No.6 " grower " means a person who holds land assigned to a mill under the Regulation of Sugar Cane Prices Act 1962 -1972 either alone or with others : the term does not include- (a) a person who is the owner of a mill; (b) a corporation which, pursuant to section 6 of the Companies Act 1961-1978 , is deemed to be a subsidiary of another corporation which is the owner of a mill; (c) a person who holds land assigned to a mill in conjunction with- (i) another person who is the owner of a mill; or (ii) where the owner of a mill is a corporation, in conjunction with a corporation which, pursuant to section 6 of the Companies Act 1961-1978, is deemed to be a subsidiary of that owner. " grower's appointee " means a person who is a member of a corporation that is a grower and who is appointed in writing by such corporation for the purpose of representing it in matters arising under this Act.